HomeMy WebLinkAboutRes2003-114
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Sponsored by: City Manager
CITY OF SEWARD, ALASKA
RESOLUTION 2003-114
A RESOLUTION OF THE SEWARD CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND ACCEPT ON BEHALF OF THE CITY
OF SEWARD, FEE TITLE TO CERTAIN TIDE AND SUBMERGED LANDS IN
TRACT C, SECTION 10, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD
MERIDIAN, CONTAINING APPROXIMATELY 6.27 ACRES, FROM THE
STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES
WHEREAS, the City of Seward selected land under its municipal entitlement
pursuant to AS 29.65.010 through 140; and
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WHEREAS, the United States Department of the Interior Bureau of Lands
Management has conveyed Section 10, Tract C of Township 1 South, Range 1 West,
Seward Meridian, Alaska, containing approximately 6.27 acres, according to the
supplemental survey plat accepted by the United States Department of the Interior Bureau
of Lands Management in Anchorage, Alaska, February 3, 1999 ("Property") to the State
of Alaska Department of Natural Resources; and
WHEREAS, the land is submerged and is to the West of the Waterfront Park;
and
WHEREAS, the City of Seward has worked towards acquiring this land since
1982; and
WHEREAS, this transaction will have no cost to the City other than
approximately twenty one dollars ($21.00) for recording; and
WHEREAS, public notification procedures for this acquisition have been
complied with.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
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Section 1. The City Council finds that it is in the best interests of the City
of Seward to authorize the City Manager to negotiate and accept on behalf of the
City of Seward, fee title, subject of valid existing rights, including notes in the
patent, to certain tide and submerged lands in Tract C, Section 10, Township 1
South, Range 1 West, Seward Meridian, containing approximately 6.27 acres,
from the State of Alaska Department of Natural Resources.
CITY OF SEWARD, ALASKA
RESOLUTION 2003-114
Section 2. This resolution shall take effect thirty (30) days following adoption
and posting.
PASSED AND APPROVED by the City of Seward, Alaska this 3rd day of
November, 2003.
THE CITY OF SEWARD, ALASKA
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David Brossow, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Branson, Clark, Val datta, Amberg, Brossow
None
Shafer, Dunham
None
ATTEST:
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Council Agenda Statement
Meeting Date: November 3, 2003
Through: Phil Shealy, City Manager
From: Malcolm G. Brown, Planner
Agenda Item: Acceptance by the City of Seward of
tideland and submerged land described as Tract C, Section
10, Township 1 South, Range 1 West, Seward Meridian,
containing approximately 6.27, from the State of Alaska
Department of Natural Resources, as a municipal lands
entitlement
BACKGROUND & JUSTIFICATION:
Attached for the Council’s review is Resolution 2003- , recommending City Council
authorize the City Manager to accept land from the Department of Natural Resources
(DNR). The land has a legal description of Tract C, Section 10, Township 1 South,
Range 1 West, Seward Meridian, containing approximately 6.27. The land is to the
West of the Waterfront Park and is submerged, due to ground slumping during the 1964
earthquake.
The City is entitled to the land due to selections made under the Municipal Lands
Entitlement Ac, pursuant to AS 29.65.010 through 140. Records going back to 1982
demonstrate efforts by the City staff to identify and finalize this acquisition. Tract C is a
subdivided portion of what was formerly Tract B, which was chosen as a municipal land
entitlement by Resolution 97-036. This is an opportune time to finally acquire title to the
land, as it is crossed by the off shore cable which GCI wishes to lay.
The City will have no costs associated with this transaction, except for approximately
twenty one dollars ($21.00) for recording.
SCC 7.05.115 Definitions:
“Acquisition” means to obtain ownership or interest in and to hold real property within or
outside the city boundaries by purchase, gift, donation, grant, dedication, exchange,
redemption, purchase or equity of redemption, operation of law, tax or lien foreclosure,
adverse possession, condemnation or declaration of taking, annexation, lease or by any
other lawful means of conveyances.
Page 2 of 2
CONSISTENCY CHECKLIST:
Yes No
1. Comprehensive Plan (1990) _ _ ____
The Comprehensive Plan makes no mention of this type of an activity.
2. Strategic Plan (1999) _ _ ____
The Strategic Plan makes no mention of this type of an activity.
3. Municipal Lands Management Plan (1995) X _ ____
The Municipal Lands Management Plan encourages acquiring the City’s municipal lands
entitlement (page 2).
FISCAL NOTE:
This transaction will have no cost to the City other than twenty one dollars ($21.00) for
recording..
Approved by Finance Department:_________________________________________
RECOMMENDATION:
Council approve Resolution 2003-, authorizing the City Manager to negotiate and accept
on behalf of the City of Seward, fee title to tide and submerged lands known as Tract C,
Section 10, Township 1 South, Range 1 West, Seward Meridian, containing
approximately 6.27 acres.